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AB1769 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        1769--B

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M.  of  A.  MAISEL,  ROSENTHAL,  MONTESANO, ENGLEBRIGHT,
         ROBERTS, COLTON, KATZ,  SCHIMEL,  KELLNER,  PAULIN,  LUPARDO,  MARKEY,
         JAFFEE,  CAMARA,  OTIS,  FAHY,  MOSLEY,  ESPINAL, GABRYSZAK, BRINDISI,
         BROOK-KRASNY, CURRAN -- Multi-Sponsored by --  M.  of  A.  BRAUNSTEIN,
         BRENNAN, CERETTO, COOK, DINOWITZ, GARBARINO, GIBSON, GLICK, GOTTFRIED,
         GUNTHER,  KEARNS,  MALLIOTAKIS,  McDONALD,  RAIA,  SEPULVEDA, SOLAGES,
         THIELE, WEINSTEIN, WEISENBERG -- read once and referred to the Commit-
         tee  on  Environmental  Conservation  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee -- reported and referred to the Committee on  Codes  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee

       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         prohibiting the possession, sale, offer for sale,  trade  or  distrib-
         ution of shark fins

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 13-0338 of the environmental conservation  law,  as
    2  added  by  chapter 231 of the laws of 1992, paragraph a of subdivision 1
    3  as amended by chapter 308 of the laws  of  1999  and  subdivision  4  as
    4  amended  by  chapter  428  of  the  laws  of 2011, is amended to read as
    5  follows:
    6  S 13-0338. Sharks; DEPARTMENT AUTHORITY; finning prohibited.
    7    1. For purposes of this section:
    8    a. "Shark" means any species of the [order Squaliformes except species
    9  in the suborder Batoidea, and] SUBCLASS ELASMOBRANCHII EXCEPT SPECIES IN
   10  THE ORDER BATOIDEI;
   11    b. "Finning" means the removal of a fin[, other than the caudal  fin,]
   12  OR  FINS  from  a  shark  and not retaining the remainder of the shark's
   13  carcass[.]; AND

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04751-09-3
       A. 1769--B                          2

    1    C. "SHARK FIN" MEANS THE RAW, DRIED OR  OTHERWISE  PROCESSED  DETACHED
    2  FIN INCLUDING THE TAIL.
    3    2.  No  person shall engage in finning on the waters of the marine and
    4  coastal district.
    5    3. [No person shall possess shark  fins  in  the  marine  and  coastal
    6  district  unless  the  proper proportion of species, number, and size of
    7  shark carcasses is also possessed.] A. NO PERSON  SHALL  POSSESS,  SELL,
    8  OFFER FOR SALE, TRADE OR DISTRIBUTE A SHARK FIN; PROVIDED, HOWEVER, THAT
    9  THIS  PROHIBITION SHALL NOT APPLY TO ANY SHARK FIN THAT WAS TAKEN FROM A
   10  SPINY DOGFISH (SQUALUS ACANTHIAS) OR A SMOOTH DOGFISH  (MUSTELUS  CANIS)
   11  LAWFULLY CAUGHT BY A LICENSED COMMERCIAL FISHERMAN.
   12    B.  A  SHARK  FIN  MAY  BE  POSSESSED  BY  ANY PERSON IF THE SHARK WAS
   13  LAWFULLY CAUGHT AND THE PERSON HAS A RECREATIONAL MARINE FISHING  REGIS-
   14  TRATION  OR A LICENSE OR PERMIT FROM THE DEPARTMENT FOR BONA FIDE SCIEN-
   15  TIFIC RESEARCH OR EDUCATIONAL PURPOSES.
   16    4. The department may, until December thirty-first, two thousand thir-
   17  teen, fix by regulation measures for the management of sharks, including
   18  size limits, catch and  possession  limits,  open  and  closed  seasons,
   19  closed areas, restrictions on the manner of taking and landing, require-
   20  ments  for permits and eligibility therefor, recordkeeping requirements,
   21  requirements on the amount and type of  fishing  effort  and  gear,  and
   22  requirements  relating  to transportation, possession and sale, provided
   23  that such regulations are no  less  restrictive  than  requirements  set
   24  forth  in  this  chapter  and provided further that such regulations are
   25  consistent  with  the  compliance  requirements  of  applicable  fishery
   26  management plans adopted by the Atlantic States Marine Fisheries Commis-
   27  sion  and with applicable provisions of fishery management plans adopted
   28  pursuant to the Federal Fishery  Conservation  and  Management  Act  (16
   29  U.S.C. S1800 et seq.).
   30    S 2. This act shall take effect on July 1, 2014.
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